Baxter v. State, 7/19/19, COA (May) – In a sex abuse case, a perpetrator’s name included in a medical report is pertinent to the victim’s treatment and is not inadmissible hearsay.

When V was 4, she disclosed that D, her stepfather, had been molesting her.  She was taken to the hospital and found to have injuries consistent with penetration.  She disclosed to the nurse the name of the perpetrator.  At trial, the medical record was admitted into evidence, including her naming the stepfather.  D was convicted of child molesting/F1 and appealed, arguing:

1. It was error to admit into evidence the medical report with hearsay which identified D as the perpetrator.  The COA held “the domestic sexual abuser’s identity is admissible under Rule 803(4) where the abuser has such an intimate relationship with the victim that the abuser’s identity becomes ‘reasonably pertinent’ to the victim’s proper treatment.”
2. V’s testimony was incredibly dubious.  The COA held “Application of this rule is limited to cases . . . where a sole witness presents inherently contradictory testimony that is equivocal or the result of coercion and there is a complete lack of circumstantial evidence of the appellant’s guilt.”  Here, the nurse confirmed V’s injuries, which invalidated an incredible dubiosity argument.